Red Flag Laws – Constitutional Rights now Subject to Low Threshold Infringements

Danger Red Flag Warning
Red Flag Laws – Should Constitutional Rights be so easily infringed?

Tennessee / U.S.A.-(Ammoland.com)- A “red flag law” may just be the newest euphemism for “reasonable gun control”. In general, a “red flag law” is some type of state law (although it could at some point be federal) which allows the state to take firearms away from an individual and/or to deny that individual the ability to purchase a gun or to obtain a handgun permit if certain “red flags” exist related to the person.

We already have laws which create a wide range of circumstances under which an individual is denied the capacity to exercise 2nd Amendment rights – even if they can still exercise other constitutional rights and live in society. Such laws include things like criminal convictions, judicial determinations in contested hearings related to mental incompetence, dishonorable discharges from the military, even obtaining government benefits based on a medical determination of mental impairment or disease. But, that is not what a “red flag” law is.

“Red flag” laws sometimes seek to deny 2nd Amendment rights because someone has had “too many” contacts with law enforcement – even if there is never any arrest, charge or conviction of any crime whatsoever. Frequently, the person targeted with a “Red flag” law has no criminal history or conviction at all.

“Red flag” laws might also arise because some neighbor, family member or teacher thinks the person “might” be dangerous and those individuals perhaps ask the state to intervene and order that the individuals guns be taken away or that they be denied access to guns prospectively.

Such laws are often pushed by individuals and groups that support gun control such as Brady Campaign to Prevent Gun Violence, Everytown for Gun Safety, Moms Demand Action, liberal Democrats, progressives and Establishment Republicans in some instances.

The concept of “reasonable” gun control is a dangerous argument advanced to trick conservatives into believing that its okay to impair and infringe the constitutional rights of an individual if doing so can be rationalized as something a “reasonable” person would do. Of course, constitutionally rights are not based on what some in society think is “reasonable”. To the contrary, such rights pre-exist and take precedence over the constitution. They are thus recognized by the constitution and are protected by it at a very high level. Something that gun control advocates try to circumvent by claiming that they “do support the 2nd Amendment” BUT that they are only trying to act with pure heart, good motive and reasonably to attain a greater good … you know “for everyones' safety”.

News reports are that Tennessee Republican State Senator Steve Dickerson reportedly plans to file Red Flag legislation soon in Tennessee, probably to the great applause of Michael Bloomberg and other gun control advocates. We don't know what “reasonable” gun control provisions he might include in his legislation, all we know at this point is that he is moving in that direction.

I would encourage you to contact Senator Dickerson to express any concerns you may have about his plans to seek to impose yet more government infringements on 2nd Amendment rights in Tennessee. You can call his office at (615) 741-6679, email him at [email protected] or even give him a visit at 425 5th Avenue North Suite 734 Cordell Hull Bldg.

If you want to do what you can to protect the rights that are declared inviolate by the 2nd Amendment, it is important to be involved and let these elected officials know where you stand.

by John Harris, TFA Executive Director 


About the Tennessee Firearms AssociationTennessee Firearms Association

Joining and supporting TFA is an investment in the fight to restore our constitutional rights and to fight against politicians who are willing to sell their votes and your rights to whichever business interest gives them the most money!

The Tennessee Firearms Association is a not for profit organization which has been working for more than two decades to protect and advance those rights protected by the 2nd Amendment. You can get more information about the Tennessee Firearms Association at www.tennesseefirearms.com

  • 15 thoughts on “Red Flag Laws – Constitutional Rights now Subject to Low Threshold Infringements

    1. Very simply disarmament of the people by hook or crook. GOP fielsd/supports these RINOs, the feckless sheeple vote them in.

    2. You will never hear a Politician talk or say anything about cigarettes, or alcohol, as there is so much tax money going in their pockets that is a no-no!!!!!!!!!! Gun manufactures don’t pay the tit-for-tat game well enough so the Politicians won’t stand behind them!!!!!!!!!!! Or the Second Amendment, just remember if the Second goes so will the First, Freedom Of Speech!!!!!!!!!!

    3. Cigarettes and alcohol kill far more people than guns every year . I don’t hear politicians or anybody else wanting to make those illegal . Think about it .

    4. Joefoam please check this company out-U.S.LawShield .It’s the most affordable insurance an active concealed-carry gunowner could own..($10.95) per month.

    5. If these laws are meant to protect a person from self harm, or protect others from harm by the person, why don’t they confiscate cars, gasoline, knives, axes, etc.?

      Because these laws are not about safety – they’re just another means the anti-gun crowd is using to slowly chip away at gun rights. Take a few here, take a few there… They put the burden on the gun owner, who must then spend money on a lawyer, take time from work, while the accuser spent nothing and lost no time.

      The “If it saves just one life” argument is moot, as such a law has already cost one life that we know about.

      1. Until they hold the accuser accountable, this is a legalized method of confiscation. What happens if you don’t have the money for a court battle?

    6. The thing most don’t realize is that these laws are already on the books in every state. Here in AZ it is under ARS title 36. Anyone that presents a danger to themselves or others can be committed against their will. A doctor has 72 hours to uphold the commitment in which case it then goes to a judge. In the mean time , LE may have firearms, edged weapons, whatever, removed from the person’s residence.
      I’ve seen it happen hundreds of times in my work. So, this concept of “red flag” laws is nothing new. What may be new in your state is the ability of an ordinary citizen to enact one. But this isnt necessarily new either. This happens already in AZ. Anyone can bring a “T36” up, it just takes a certain kind of person to complete the official document (LE, mental health worker, RN, etc.)
      I’ve seen it done mostly in good faith, but I have seen it done to punish, scare, or enforce.

      1. Correct. The fundamental difference is this: due process is front loaded on “5150” laws, meaning that after a 72 hour eval by a so-called “mental health professional” a magistrate imposes restrictions that can include a temporary suspension of your right to keep and bear firearms. it can also include many other restrictive measures as deemed by the particular statute. Most of these laws are boiler plate legislation from the 1970’s and some earlier resulting from the ’68 Gun Control Act. The danger of this new hybrid breed of Red Flag laws is that due process is not front loaded in the process but comes many times as long as 3 weeks later. In California under AB 1024 (2014) you do not get to see a judge for 21 days. A recent analysis of these “Gun Violence Restraining Orders” indicates that 80% of the initial orders are overturned by judges (California judges) at that 21 day hearing. That would tell a thinking person that in 80% of cases many of these claims of danger to self or others are spurious, potentially involving perjury. But 1024 stipulates perjury in these specific cases as a misdemeanor. CA courts don’t try misdemeanors any more so the point is moot. Bottom line is this: your spouse, leftist brother in law, angry neighbor or any other person can suspend your liberty on a lie and walk away free and clear. Having studied totalitarian systems for decades I can tell you that this is the kind of unaccountable denunciation necessary to run a police state with relatively few police.

        This poison is coming out of Blue Utopias like Kalifornia and has spread coast to coast. We are fighting our Gov here in Arizona to prevent this kind of travesty here.

        Of course, if these “Gun Violence Restraining Orders” are such great public policy why has no one filed one on Avenetti, the stripper lawyer currently accused of domestic violence in LA? Inquiring minds want to know.

    7. I got a notice of this from TFA today and responded by sending an email to this benedict. I was not real pleasant and informed him that the people did not expect a republican to act this way. I don’t think he will get to first base with this but he sure needs to be served the papers to go home and be a private RINO

    8. Interesting that a republican would file red flag legislation in his state. State by state gun laws do nothing, but confuse what a responsible gun owner should or should not do. Our 2nd amendment must be protected. What we need is on the federal level, enforcement to laws we have on the table. However,listen closely everyone especially Ted Nugent type activist : If my neighbor comes out and threatens others with deadly force then he deserves fine tooth comb designed for head lice.

      1. green watch dog,don’t bet on that,i live in PA and the state senate and house are a majority republican and they rammed the red flag law right up our asses!! anybody,and i mean anybody can make a report on you and the cops come a knockin.you can’t even turn you guns over to family or friends,either the cops take them or they go to a gun shop,put in their inventory and you pay for the storage and fees,does this sound fair or even legal!!!!

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